When it comes to critical minerals:
can we accelerate project development
and advance reconciliation?

If we are going to transition to a low-carbon economy, we need to increase the production and use of critical minerals (e.g., cobalt, graphite, lithium, nickel, copper, and rare earth elements) by an alarming rate. Earlier this year, the Government of Canada launched Canada’s Critical Minerals Strategy. The objective of the strategy is to “… boost the supply of critical minerals to grow domestic and global value chains for the green and digital economy … and position Canada as a global leader in the responsible, inclusive, and sustainable production of critical minerals and secure value chains from mines to manufacturing.” (Critical Minerals Center of Excellence, 2022) You can find the strategy on the Critical Minerals Center of Excellence website.

Two main pillars of the strategy are accelerating project development (i.e., streamlining and speeding up the permitting process) and advancing Indigenous reconciliation. On the surface, these two objectives may seem to be at odds. But that does not have to be the case. Land use planning and Indigenous-led processes for consultation and consent can be the foundation of an accelerated permitting process that does not compromise reconciliation, and Indigenous rights.

As part of the government’s strategy implementation plan, there was a public consultation period this summer. Below are the excerpts from our submission to the Government of Canada that present some ways we can accelerate project development as well as advance reconciliation. To streamline permitting while advancing reconciliation and recognizing Indigenous rights, we can (i) incentivize and support Indigenous land use planning and (ii) support Indigenous-led consultation and consent processes and decisions related to mineral development.

Incentivize and support Indigenous land use planning

Land use planning can help Indigenous governments as well as regional and federal stake holders accelerate the responsible development and identification of preferred zones for critical minerals, cultural and social use, remining of waste, restoration, and nature-based climate solutions. There are several useful benefits of effective local land use plans:

> They offer useful information to provincial and federal agencies in their planning and permitting processes.

> They are an invaluable tool for private sector proponents – supporting early rightsholder and stakeholder engagement, consultation, and mineral development planning.

> They are more likely to consider cumulative impacts and could be a driver for community-led impact assessments on a regional scale.

Indigenous leadership in land use planning is essential to uphold rights, Indigenous methods for land use, and reconciliation. Local land use planning could take place within the context of broader land use mapping efforts, and there are some excellent examples of community-led mapping that includes historical cultural and environmental information.

But to achieve this, there needs to be funding and resources available to Indigenous governments, municipal governments (or municipal coalitions), NGOs, land, and water organizations for voluntary land and natural resource use planning. This can take the form of grants, training workshops, and sharing skills and lessons learned with communities who have used land use planning to inform natural resource development. Land use plans must also be recognized in the decisions related to critical minerals, and where there are Indigenous rights to land use decisions they must be protected. This means that local priorities for biodiversity, social, and cultural use and other economic opportunities may supersede critical mineral development.

Support Indigenous-led consultation and consent processes Consultation and consent processes should be designed and led by Indigenous communities and governments. The process and outcome are more likely to be supported by the community, address community needs, and build off land use history, community mapping, nature-based assets, and critical minerals.

Support for Indigenous led consultation and consent processes could be used to

> create opportunities to discuss and define expectations related to community protocols with a focus on critical minerals;

> develop Indigenous/community protocols that are aligned with regional, provincial, and federal permitting systems;

> increase training opportunities for government-band level land use managers, and funding opportunities to build the depth of Indigenous land use departments with a specific focus on research and data related to critical minerals and nature-based assets;

> create opportunities to learn from each other and share experiences, including with international Indigenous groups; and

> create opportunities to co-design and participate in landscape-level programs designed to manage cumulative impacts (e.g., community safety specifically as it relates to gender based violence, changes to water quality and quantity, and biodiversity) and benefits (e.g., employment and procurement opportunities). 

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CAROLYN BURNS is the director of sustainable resources at Resolve. Resolve is an NGO that forges sustainable solutions to critical social, health, and environmental challenges by creating innovative partnerships where they are least likely and most needed.

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